Kanahele retrial set Jan. 3;more jail unjust, lawyer says

Unless his lawyer can persuade the courts to change their mind, Dennis "Bumpy" Kanahele will be in jail at least until January, when his second trial on federal charges is scheduled to begin.

And unless he's allowed to go free on bail, the head of the self-proclaimed Nation of Hawaii could be behind bars much longer even if he's not convicted, while his attorney, Harden Aluli, appeals the case, Aluli said yesterday.

Kanahele was secretly indicted, then arrested, on Aug. 2. he is charged with jarboring a federal fugitive, convicted tax protester Nathan Brown, and with foiling two 1994 attempts to arrest Brown.

He has been held without bail since his arrest, deemed a "danger to the comunity" and a likely no-show for trial.

His three-week trial on the charges ended Tuesday when U.S. District Judge Helen Gillmor declared a mistrial.

She cited the jury's impasse on two felony counts against Kanahele, a juror's improper research on his own and possible taint after a juror asked a deputy marshal some questions about jury tampering. (Jurors indicated later that they had agreed to acquit Kanahele and co-defendent Gordon Kaaihue on the other count, a misdemeanor.)

Yesterday, federal Magistrate Barry Kurren scheduled a new trial for Kanahele to begin Jan. 3. Gillmor is scheduled to preside over the case again.

Aluli said he will file a new request that Kanahele be allowed to go free on bail. New parties have come forward to vouch for Kanahele, said Aluli, who hopes for a hearing on the matter next week.

Aluli said he will also ask the courts to drop the case against Kanahele because of constitutional prohibitions against "double jeopardy." Aluli objected to Gillmor's declaring a mistrial, calling it "an abuse of the court's discretion" and claiming that Kanahele can't be tried again.

Aluli said that if the court turns him down he'll appeal - a process that could take a year.

Meanwhile, he said, "Bumpy wants to go home. He wanted a (new) trial before the holidays."